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Pa. points to mine discharge for Dunkard Creek fish kill By Don Hopey, Pittsburgh Post-Gazette
A heretofore undisclosed underground flow of mine pool water between Consol Energy's Blacksville No. 1 and No. 2 mines may have contributed to the highly salty, polluted discharges that caused the massive, month-long fish kill on Dunkard Creek.
The Pennsylvania Department of Environmental Protection said stream sampling shows discharges high in dissolved solids and chlorides from Consol Energy's Blacksville No. 2 Mine are the "primary immediate source" of the fish kill that last month wiped out aquatic life on 35 miles of the 38-mile stream that meanders along the Pennsylvania-West Virginia border.
But the DEP, in a letter dated Wednesday, has also asked Consol to provide information of the underground connections between its active Blacksville No. 2 Mine in West Virginia and its inactive Blacksville No. 1 Mine in Pennsylvania, and requested that the U.S. Environmental Protection Agency revoke a deep well injection permit for coalbed methane waste water at the inactive mine.
The DEP also said it has obtained information that the mine pool in the inactive mine is flowing into the mine pool in Blacksville No. 2. Consol has previously said that the wastewater from the inactive Blacksville No. 1 mine is not flowing into the active Blacksville No. 2 mine. Fish, freshwater mussels, salamanders and aquatic insects started dying on Sept. 1 and continued dying throughout the month.
The Pennsylvania DEP has also asked the West Virginia DEP, in a letter dated Oct. 2, to "take necessary enforcement measures" to control pollution discharges of total dissolved solids, chlorides and sulfides from the Blacksville No. 2 mine treatment facility.
I was idly wondering if, since Dunkard Creek is destroyed, someone might harvest the algae for biofuel. Like flat land created by mountaintop removal, streams chemically altered by mine drainage to create algae fields could be a real economic asset.
"Algae are exceptional at sequestering metals," Vidt said, adding that the biodiesel produced on site could be used in additional mining operations. "This is a [public relations] boon for these guys: It works for them, they get some fuel, and on the flip side, they don't have to pay reclamation."
To naysayers who criticize the process for burning more energy than it produces, Vidt argues that the process brings more benefit than just biodiesel.
"Our other co-products, like environmental remediation and carbon dioxide sequestration, we don't know the price of those..."
The setup also provides a perk for mining companies faced with the task of cleaning up in the wake of excavation.
And
mines can be inexpensive, since mining companies have already done the most expensive site preparations.
They propose lighting underground mines with LEDs, which is why it takes more energy than it produces. But what about all those strip-mine ponds? And thank goodness no-one has enforced AOC - now we have huge flat areas next to the impoundments just waiting for biofuel refineries!
Friends in the White House Come to Coal's Aid By CHRISTOPHER DREW and RICHARD A. OPPEL Jr.
On a rainy day in August 2000, with polls showing that he had a chance to carry West Virginia, Mr. Bush stopped in Charleston to rally support. Just before he left, he paused on the airport tarmac for a brief meeting that helped lay the seeds for the changes in environmental rules that favor the Appalachian coal industry.
In a roped-off area behind the rental cars, Bill Raney, the president of the West Virginia Coal Association, an industry group, and Dick Kimbler, who headed a local chapter of the mine workers union, told Mr. Bush about layoffs at mountaintop mines. They said they also complained that a growing emphasis on environmental protection was delaying the approval of mining permits and eliminating jobs.
Mr. Bush replied that the problems underscored the need to develop a national energy policy, the other men said. Less than two hours later, Donald L. Evans, then Mr. Bush's campaign chairman and now the commerce secretary, called Mr. Raney, who said they talked about making the permitting process less cumbersome.
Mr. Raney and Mr. Kimbler then created the Balanced Energy Coalition, an industry group that persuaded many coal miners to back Mr. Bush. They also worked with the state's most prolific Republican fund-raiser, James H. Harless, a coal operator who collected $275,000 for Mr. Bush, five times what Mr. Gore raised in the entire state.
President Addresses West Virginia Coal Association Story by Ann Ali
Coal Association President Bill Raney warmed the crowd for Bush's 30-minute speech, sharing how he told Bush's advance team that West Virginians try to do four things when someone they like comes to visit -- "We pray, we say the pledge, we like to eat, and we give them a ballcap."
Raney said the meeting was the proudest moment in the Association's 93-year history, and West Virginia coal should enjoy its moment in the spotlight.
"We've got natural advantages," Raney said after Bush's remarks. "Topographic proximity, it's very convenient, and it's a great responsibility.
"We should be proud. A coal miner in Sophia has a great bearing on someone's way of life in Boston."
Raney said coal was making progress in the struggle of public perception, but each day presented a new challenge.
[snip]
After Bush's address, Peter Lilly, president of the coal group for CONSOL Energy, spoke to West Virginia Media President and CEO Bray Cary about coal's cleanup and possible technologies to provide the world.
"Our plan with this, to ultimately capture and sequester carbon dioxide, is not quite set," Lilly said. "But America has such a vast amount of coal reserves, and we are so dependent on foreign sources for other forms of energy, it makes absolute sense to move in this direction carefully and do it right."
Lilly said virtually all of the country's coal-fired plants now are scrubbed or will be in a few years, and the definition of pollution has changed.
"It used to be acid rain, the impact on the ozone layer, then the mercury," he said. "We've cleaned all those things as attention has been focused, and now we have climate change, and it's debatable, that's for sure."
West Virginia coal operators have started seeking water pollution settlements with the state Department of Environmental Protection to avoid federal enforcement actions or citizen lawsuits, officials said Thursday.
[snip]
Bill Raney, president of the West Virginia Coal Association, said he wouldn't be surprised to see more such deals coming soon.
A $20 million fine Massey Energy paid to settle a U.S. Environmental Protection Agency Clean Water Act suit stunned industry officials, Raney said. Companies are also concerned about new citizen suits such as those filed by the Appalachian Center for the Economy and the Environment over selenium violations at several state mines.
"There's a good bit of concern about all of that," Raney said Thursday.
"Every coal miner in the state is under attack by EPA," West Virginia Coal Association President Bill Raney told the crowd, which gathered for the noontime rally at the coal miner statue on the Capitol grounds.
Letter from Rep. Shelley Moore Capito to Ms. Lisa Jackson, Administrator U.S. Environmental Protection Agency
Dear Administrator Jackson,
We are writing to express strong concerns about the coal mining permit applications currently being held up at the U.S. Army Corp of Engineers by the Environmental Protection Agency.
[snip]
While much has been made of the recent approval of 42 long-delayed permits still waiting to be issued, hundreds more remain un-resolved and face further delay. These actions will force mines to idle production and rob us of some of the highest paying jobs in the region.
STATEMENT FROM GOV. MANCHIN AND DEP SECRETARY RANDY HUFFMAN: ABOUT OBAMA ADMINISTRATION'S ANNOUNCEMENT TODAY
CHARLESTON, W.Va. - Gov. Joe Manchin and DEP Secretary Randy Huffman released this statement today about the Obama Administration's action to strengthen oversight and regulation for surface mining:
[snip]
Gov. Joe Manchin added, "I have always said that mining is vital to West Virginia's economy, but at the same time, we must constantly look for ways to improve mine safety and operate in an environmentally responsible way. That is why today I asked EPA Administrator Lisa Jackson to examine our Post-Mine Land Use legislation that was recently passed in the special session. I explained how responsible this piece of legislation is and how it will assist us in finding the balance between protecting our environment and protecting our jobs.
"We will continue to work with the federal government to ensure that coal companies comply with environmental regulations every step of the way, so that the environment is protected while the West Virginia economy stays strong and our people stay working. We also ask for the administration to work with us to find the balance between our economy and our environment.
"I truly believe that coal is essential in meeting our nation's energy needs and keeping our economy strong and competitive, while allowing our country to be less dependent on foreign oil and more secure. Rest assured, I will continue to do everything I possibly can to fight for West Virginia families and the jobs that support them."
DEP Secretary Randy Huffman says he is frustrated by the Environmental Protection Agency stepping on his agency's toes.
EPA officials were in Charleston last week. The EPA is raising concerns about several mountaintop removal permits, including two in West Virginia, but Huffman says all mining-related activities are already heavily regulated by the DEP.
"We are the environmental regulators here in West Virginia," he said. "We are the ones on the front line here. We are the ones responsible for protecting the environment. We have a very rigorous and robust regulatory program that is basically being challenged.
[snip]
Huffman says the sticking point is that the EPA believes that creating valley fills-the practice where the tops of the mountains are removed and put into a nearby valley-contribute to stream degradation. But Huffman says valley fills are essential to mountaintop removal, as well as the state's economy.
"Mainly what we're concerned about as regulators is the ability to develop land after mining," he said. "You need valley fills if you're going to have a viable post mining economy. You need flat land. And in order to have flat land you need to have valley fills, and one of our biggest concerns is that EPA is wanting to reduce the size and number of valley fills in Appalachia."
The EPA has avoided making any kind of blanket declarations on mountaintop removal, and has said only that future permits will be closely scrutinized.
New DEP Secretary Expects To Make The Tough Decisions
New West Virginia Department of Environmental Protection Secretary Randy Huffman is the first one to admit he doesn't have all the answers, but he says he'll work to get them.
[snip]
Huffman, who has filled many roles at DEP for 21-years, says he'll run the agency much like Timmermyer did during the Wise administration and the last four years under Governor Joe Manchin. Huffman says that will include making the tough decisions.
"Our nature is to want to be facilitators and mediators and help people through their problems," he recently told MetroNews. "But at the end of the day, sometimes a decision is going to have to be made that upsets someone and that's the nature of the beast."
Huffman says he'll use the expertise already on staff at DEP to help him make those decisions.
Secretary Huffman says he'll make no wholesale changes at the DEP. He says that's one reason why he got the job. He says the governor likes the direction things are currently headed.
Huffman promises DEP will be vigilant when it comes to coal mining regulations. "There's a demand to get the coal out of the ground, but our job is to make sure the environment is protected in the process. We don't want to sacrifice anything in the long-term for short-term gain and short-term profits," he said.
The secretary also anticipates the identification of the state's water resources and protecting the state's water to be growing concerns.
"We have a lot of high-quality water," Huffman said. "And we want to protect it for our future use."
Pennsylvania says mining destroyed lake dam in park Consol Energy sued for $58 million to fix Greene Co. damage By Don Hopey, Pittsburgh Post-Gazette
February 01, 2008
(The state of Pennsylvania) has sued Consol Energy Inc. claiming it lied about the risks of mining under Ryerson Station State Park in Greene County and caused the failure of Ryerson Dam, necessitating the draining of Duke Lake, a popular swimming, boating and fishing spot.
The state Department of Conservation and Natural Resources is seeking compensatory damages in excess of $58 million, plus unspecified punitive damages, from the Upper St. Clair-based mining company, according to the lawsuit, filed in Allegheny County Common Pleas Court yesterday afternoon.
The lawsuit said the cost to replace Ryerson Dam may exceed $30 million, the cost to restore Duke Lake will be more than $8 million and the damage to the park's natural resources is more than $20 million.
It is believed to be the first time that a state park has been damaged by mine subsidence.
The 28-page civil complaint alleges that Consol knew it was risky to mine near the 62-acre lake and its 45-year-old concrete dam, and falsely represented the level of the risk to the DCNR both before and after the damage to the dam occurred in April 2005.
Manchin reverses course on water rulemaking bill. Ken Ward Jr.
In a reversal of a campaign pledge, Gov. Joe Manchin has decided not to oppose a bill that would strip the state Environmental Quality Board of its authority to write West Virginia's water pollution limits.
Manchin was persuaded not to fight the legislation by Stephanie Timmermeyer, secretary of the state Department of Environmental Protection.
Under the bill (SB287), authority to write the state's water pollution standards would move from the environmental board to DEP.
The bill was introduced by Sens. Shirley Love, D-Fayette, and John Pat Fanning, D-McDowell.
Last year, under the Wise administration, Timmermeyer opposed any immediate change in the way state water rules are written. This year, she has said she hopes lawmakers will transfer the job to the DEP.
"Rulemaking for water quality properly lies with this agency," Timmermeyer said Friday.
DEP SECRETARY TIMMERMEYER TO STEP DOWN JULY 1
CHARLESTON, W.Va. -- After six years with the West Virginia Department of Environmental Protection, Cabinet Secretary Stephanie R. Timmermeyer announced today that she is stepping down, effective July 1, 2008.
Timmermeyer joined the DEP in December 2001 as the agency's director of Air Quality, and she was named cabinet secretary in January 2003 by then-Gov. Bob Wise. She has continued in her role as cabinet secretary throughout Gov. Manchin's administration. Timmermeyer has the distinction of being the department's longest-serving secretary.
[snip]
Manchin said Timmermeyer has been a tremendous asset to his administration and a truly dedicated public servant during all her years as DEP secretary.
"Her success this session in working with the Legislature to overcome an eight-year impasse and ensure that our state's high-quality streams are protected is just one example of the many positive things that have been accomplished during her tenure on behalf of West Virginia's environment," the governor said.
30-mile fish kill at Dunkard Creek DEP delayed action on pollution problems over the last decade By Ken Ward Jr.
Three weeks ago, fish started dying in Dunkard Creek, a scenic stream that winds along the West Virginia-Pennsylvania border in Monongalia County.
[snip]
Dunkard Creek was having problems long before fish started going belly up.
Since at least 2002, the DEP has listed Dunkard Creek and several tributaries as "biologically impaired." At least two major coal discharges have consistently violated water quality limits -- sometimes discharging five or six times the legal standards -- for years.
Who Killed Dunkard Creek?
Stayed tuned. This week we'll review a long list of suspects...
On Monday, DNR biologists searched areas of Dunkard Creek for any remaining live fish.
Last month dead fish, mussels and salamanders started appearing on the creek banks. Since then thousands of fish and the streams entire mussel population have died.
The West Virginia DEP says golden algae was the main culprit, but the agency continues to investigate the role mining activities might have played.
Mine drainage from Consol's Blacksville coal mine contained high levels of chloride, which environmental officials in Pennsylvania say caused the golden algae to spread and kill the aquatic life.
Legislature to Investigate Dunkard Creek Fish Kill
MORGANTOWN, W.Va-The Joint Legislative Oversight Commission on State Water Resources will meet on Thursday, Oct. 15 to examine the 30-mile fish kill in Dunkard Creek. The meeting will take place at the State Capitol from 9-11 a.m. in Room 208-W, the Senate Judiciary Committee Room. It is open to the public.
"The frustrating thing is that folks in the Upper Monongahela River Association predicted that something like this would happen last year. Although our local delegates introduced a bill last session, HB 2960, intended to remedy what happened, sometimes it takes a disaster to get legislation passed," said Delegate Barbara Evans Fleischauer.
The first report of a fish kill in Dunkard Creek, which criss-crosses the Mason-Dixon line, was recorded on Sept. 1, 2009. The kill has since affected at least 161 aquatic species.
"Some of the thousands of fish that were killed were huge," said Fleischauer. "It is particularly sad that this occurred in a beautiful stream that local residents had banded together to restore, maintain and protect through their watershed association."
There is not yet any official conclusion as to the factors which caused or contributed to the fish kill, but the presence of golden algae bloom, Prymnesium Parvum, which has not previously been identified in Mid-Atlantic waters, has been confirmed. Increased levels of total dissolved solids during the relevant time periods have also been recorded.
House Bill 2960 was introduced during the Regular 2009 Session. It was sponsored by Delegates from the Dunkard Creek area including Fleischauer, Marshall, Beach and Shook (all D-Monongalia) and Delegates Manypenny (D-Taylor) and Longstreth (D-Marion). It would have required the DEP to establish standards to control the levels of total dissolved solids in state waters.
In addition, the bill would require submission of data to the DEP regarding withdrawal of water for fracturing and other purposes, as well as treatment for discharge of fluids into state waters. The bill did not pass, but legislators plan to reintroduce it in the 2010 Regular Session.
The Joint Water Resources Committee is chaired by Delegate Tim Manchin (D-Marion) and Senator John Unger (D-Berkeley).
"I hope the interim meeting on Thursday will bring attention to the causes of this modern environmental disaster. I think it is important to look quickly into what other states have done in order to prevent this from spreading to other streams in our state," said Manchin.
...the 38-mile creek is all but dead, its 161 species of fish, mussels, salamanders, crayfish and aquatic insects killed by mysterious pollutants coming from sources state and federal agencies have yet to pinpoint despite aggressive field work.
The investigation thus far indicates the most likely cause as oil and gas drilling wastewater. (There's more ability to generate wastewater from the Marcellus Shale drilling than there are wastewater treatment facilities in the area, so the incentive for rogue wastewater disposal is high.)
There are two small silver linings that give me a small bit of solace. First, the location is on the West Virginia and Pennsylvania border. I feel more confident about the PA DEP's motivation and ability to investigate the problem than I do the WV DEP.
Second, from what I understand, the chemical "finger print" of oil and gas waste water is somewhat unique. Although it may take quite a bit of sophisticated lab work, there's a very good chance the source of the contaminate will eventually be tracked down.
None of this excuses the lax regulatory situation that allows an ecological devastating event like this to happen. When an aquatic ecology is so thoroughly wiped out, it takes decades (as in 30-50 years) to fully re-establish. Meanwhile, who knows what poisons local residents have been are being exposed to this month?
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CHARLESTON, W.Va. - Gov. Joe Manchin and DEP Secretary Randy Huffman released this statement today about the Obama Administration's action to strengthen oversight and regulation for surface mining:
DEP Secretary Randy Huffman says he is frustrated by the Environmental Protection Agency stepping on his agency's toes.
(The state of Pennsylvania) has sued Consol Energy Inc. claiming it lied about the risks of mining under Ryerson Station State Park in Greene County and caused the failure of Ryerson Dam, necessitating the draining of Duke Lake, a popular swimming, boating and fishing spot.
